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[House  Document,  No  30. J 


A  BILL 


TO  INCORPORATE 


ATLANTIC  AND  NORTH  CAROLINA 


RAILROAD  COMPANY. 


RALEIGH: 

SEATOU  GALES,  PRINTER  TO  THE  LEGISLATURE. 

1852 


House  of  Commons,    Nov.  4,   1S52. 
[Introduced    by    Mr.      Ward. — Read    first    time    and 
passed,  and  referred   to   Committee  on  Internal  Improve 
ments.] 

House  of  Commons,  Nov.  10,  1852. 
[Ordered  that  the  Bill  and  Amendments  proposed  be  laid, 
on  the  table  and  printed.] 


A  BILL 

To  Incorporate  the  Atlantic  and  North  Carolina  Railroad 
Company. 

I.  Be  it  enacted  by  the  General  Assembly  of  the  State  of 

2  North  Carolina,  and  it  is  hereby  enacted  by  the  autho- 

3  rity  of  the  same,  That  for  the  purpose  of  effecting  a 

4  railroad  communication  between    the   North  Carolina 

5  railroad,  at  or  near  the  town  of  Goldsboro',  and  Beaufort 

6  harbor,  by  the  way  of  Kinston,  Trenton  and  Newbern, 
■  7  the  formation  of  a  corporate  company  with  the  capital 

8  stock  of  nine  hundred  thousand  dollars,    is  hereby  au- 

9  thorized.    to  be  called    the  Atlantic  and  North  Carolina 

10  Railroad  Company,   and  when  formed,   in    compliance 

11  with  the   conditions   hereinafter  prescribed,   to  have  a 

12  corporate  existence  as  a  body  politic,   for  ninety-nine 

13  years. 

II.  That  the  said  company  be,  and  the  same  is    hereby 

2  authorized,   to  construct  a   railroad   commencing  at  a 

3  point  at  or  near  the  town  of  Beaufort,  in  Carteret  county, 

4  thence  by   the  most  practicable  route  to   the  town  of 

5  Newbern,  and  thence  the   most  practicable   route   by 

6  Trenton  and  Kinston,  to  the  terminus  of  the  North  Car- 

7  olina  Railroad,   at   or  near  the  town  of  Goldsboro',    in 

8  the  county  of  Wayne. 

III.  That  for  the  purpose  of  forming  said  capital  stock  of 

2  said  company,   the  following  persons  be,   and  the  same 

3  are  hereby  appointed  commissioners  :  Isaac  Ramsey,  of 

4  Carteret  county  ;  Alonzo  T.  jerkins,  of  Newbern  ;  Lu- 

5  cien  J.  Becton,  of  Jones  ;  William  C.  Loften,  of  Lenoir ; 


170 


6  Charles   Ed  wards,   of  Greene,   and  Elisha  Pipkin,  of 

7  Wayne :   That  it  shall,  and  may  be  lawful  to  open  books 

8  in  the  town  of  Beaufort,  under  the  direction  of  Richard 

9  Hall,  M.  F.    Arendell,    Capt.  Ducan,   Josiah  F. 

10  Bell,    or  any  three  of  them  ;    at  Newbern,   William  G. 

11  Bryan,  Charles  Slover,  John  Blackwell,  John  R.  Justice, 

12  William  H.  Washington,  George  S.  Stevenson,   Moses 

13  W.  Jarvis,  Edward  R.  Stanly,  Fred.  P.  Latham,  Israel 

14  Disosway,  Hardy  B.  Lane,  Sen.,   James  C.  Stevenson, 

15  Henry  G.  Cutler,  Alex.  Miller,  Alex.  Mitchell;  at  Tren- 

16  ton,  Dr.  John  Shackelford,   C.  Williams,  Benj.  Askew, 

17  Joseph  Kincey,  Sen.,  Joseph  Whitty;  at  Kinston,   Dr. 

18  Thomas  Woodley,  Jno.  C.  Washington,  Louis  Desmond, 

19  Nicholas  Hunter;  at  Goldsboro',  W.  S.  G.  Andrews,  W. 

20  B.  Gulick,  Thomas  Kennedy,  William  B.  Edmundson, 

21  W.  K.  Lane  ;  at    Waynesboro',  Richard    Washington, 

22  Dr.  Daniel  Cogdale ;  at    Smithfield,    Wm.  H.  Watson, 

23  Wm.  S.  Ballinger,  Thomas  Lockhart,  Wm.  H.  Morning, 

24  Linn  B.  Sanders;  at  Raleigh,    Romulus  M.  Saunders, 

25  George  W.  Mordecai,   W.  W.  Holden,  John  H.  Bryan, 

26  Edward  Yarbrough,  Willis  Whitaker;  at  Jacksonville, 

27  Geo.  Ward,  John  M.  Franks,  John  A.  Averett,  Owen 

28  Huggins  ;  atSwansboro'.  David  W.  Sanders,  R.  McLane,* 

29  C.  B.  Glover,  Daniel  Hargate,  Elijah  Furgerson  ;  Joshua 

30  Rann,   and   Henry  H.   Harper,   of  Snow  Hill ;  James 

31  Williams,  Henry  Beat,  and  Wm.  A.  Darken,  of  Greene 

32  county. 

IV.  That  all  who  may   hereafter  be  authorized  to  open 

2  books  for  subscription  of  stock,   by  the   commissioners 

3  herein  appointed  for  that  purpose,  shall  open  said  books 

4  at  any  time  after  the  ratification  of  this  act,  twenty  days 

5  previous  notice  being  given  in  some  one  or  more  of  the 

6  public  newspapers  in  this  State  ;  and;  that  the  said  books 

7  when  opened,  shall  be  kept  open  for  the  space  of  thirty 

8  days  at  least,  and  as  long  thereafter  as  the  commissioners 

9  first  above   named   shall  direct ;  and,  that  all  subscrip- 


171 


10  lion  of  stock  shall  be  in  shares  of  one  hundred  dollars, 

11  the  subscriber  paying  at  the  time  of  making  such  sub- 

12  scription,  five  dollars  on  each  share  thus  subscribed,  to 

13  the  person  authorized  to  receive  such  subscription;  and, 

14  in  case  of  failure  to  pay  said  sum,  all  such  subscription 

15  shall  be  void  and  of  no   effect ;  and,   upon  closing  the 

16  books,  all  such  sums  as  shall  have  been  thus   received 

17  of  subscribers,  on  the  first  cash  instalment,  shall  be  paid 

18  over  to  the  general  commissioners  named  in  the   third 

19  section  of  this  act,  by  the  persons  receiving  them;  and 

20  for  failure  thereof,  such  person  or  persons  shall  be  liable 
2L  to  said  general  commissioners  before  the  organization  ot 

22  said  company,  and  to  the  company  itselt  after  its  organ- 

23  ization,  to  be  recovered  in  the  Superior  Court  ot  law  in 

24  the  county  where  such  delinquent  resides,  or  if  he  reside 

25  out  of  the  State,  then  in  any  court  of  such  State  having 

26  competent  jurisdiction.     Thesaid  general  commissioners 

27  shall  have  power  to  call  on  and  require  all  persons  em- 

28  powered  to  receive  subscription,  at  any  time,   and  from 

29  time  to  time,  as  a  majority  of  them  may  think  proper,  to 

30  make  return  of  the  stock  by  them  respectively  received, 

31  and  to  make  payments  of  all  sums  made  by  the  subscri- 

32  bers ;  that  all  persons  receiving  subscriptions  of  stock 

33  shall  pass  a  receipt  to  the  subscriber,  for  the  payment  of 

34  the  first  instalment,   as  heretofore  required  to  be  paid  ; 

35  and,   upon  their  settlement  with   the  general   commis- 

36  sioners,  as  aforesaid,  it  shall  be  the  duty  of  said  general 

37  commissioners,  in  like  manner,  to  pass  their  receipt  for 

38  all  sums  of  money  thus  received,  to   the   person  from 

39  whom  received,  and  such  receipts  shall  be  taken  and  held 

40  to  be  good  and  sufficient  vouchers  to  the  persons  holding 

41  them. 

V.   It  shall  be  the  duty  of  said  general  commissioners  to 

2  direct  and  authorize  the  keeping  open  of  books,  for  the 

3  subscription   of  stock  in  the  manner  above  described, 

4  until  the  sum  of  three  hundred  thousand  dollars  shall 


172 


5  have  been  subscribed  to   the  capital  stock  of  said  com- 

6  pahy;  and,  that  as  soon  as  the   sum  of  three  hundred 

7  thousand  dollars   shall  have   been  subscribed,   and  the 

8  first  instalment  of  five  dollars  per   share  on  said   sum 

9  shall  have  been  received  by  the  general  commissioners, 

10  said  company  shall  be  regarded  as  formed  ;  and  the  said 

11  commissioners  or  a  majority  ot  them  shall  sign  and  seal 

12  a  duplicate  declaration  to  that  effect,  with  the  names  of 

13  the   subscribers   appended,  and   cause  one  ol  the  said 

14  duplicates  to  be  deposited  in   the  office  of  the  Secretary 

15  of  State;  and,  thenceforth,  from  the  closing  of  the  books 

16  for  subscription  as  aforesaid,  the  said  subscribers  to  the 

17  stock  shall  form  a   body  politic  and   corporate,   in  deed 

18  and  in  law,  for  the  purposes  aforesaid,  by  the  name  and 

19  style  of  the  Atlantic  and  North  Carolina  Railroad  Com- 

20  pany. 

VI.  That,  whenever  the  sum  of  three  hundred  thousand 

2  dollars  shall  be  subscribed,  in  manner  and  form  aforesaid, 

3  the  subscribers,   their  executors,   administrators  and  as- 

4  signs,   shall  be,  and  they  are  hereby  declared  to  be  in- 

5  corporated  into  a  company,   by  the  name  and  style  of 

6  the  Atlantic  and  North   Carolina  Railroad   Company, 

7  and  by  that  name  shall  be  capable,  in  law  and  equity, 

8  of  purchasing,   holding,  selling,  leasing  and  conveying 

9  estates,  real,  personal  and  mixed,  acquiring  the  same  by 

10  gift  or  devise,  so  far  as  shall  be  necessary  for  the  purposes 

11  embraced  within  the  scope,  object   and  intent  of  this 

12  charter,  and  no  farther;  and   shall  have  perpetual  suc- 

13  cession,  and  by  their  corporate  name  may  sue  and  be 

14  sued,  plead  and  be  impleaded  in  any  court  of  law  and 

15  equity  in  the  State  of  North  Carolina,   and  may  use  a 

16  common  seal,  which  they  may  alter  and  renew  at  pleas- 

17  ure  ;  and  shall  have  and  enjoy  all  other  rights  and  im- 

18  munities  which  other  corporate  bodies  may,  and  of  right 

19  do  exercise  ;  and  may  make  all  such  by-laws,  rules  and 

20  regulations,  as  are  necessary  for  the  government  of  the 


173 


21  corporation,  or  effecting  the  object  for  which  it  is  created, 

22  not   inconsistent  with  the  constitution  and  laws  of  the 

23  United  States  and  of  this  State. 

VII.  That  notice  of  process  upon  the  principal  agents  of 

2  said  company,  or  the  president   or  any  of  the  directors 

3  thereof,  shall  be  deemed  and  taken  to  be  due  and  lawful 

4  notice  of  service   of  process  upon  the   company,  so  as 

5  to  bring  it    before  any  court  within  the  State  of  North 

6  Carolina. 

VIII.  That,  as  soon  as  the  sum  of  three  hundred  thousand 

2  dollars  shall  have   been  subscribed  in  manner  and  form 

3  aforesaid,  it  shall  be  the  duty  of  the  general   commis- 
si sioners,  appointed  under  the  third  section  of  this  act,  to 

5  appoint  a  time  for  the  stockholders  to  meet  at  the  town 

6  of  Newbern,  in  Craven  county,   which  they  shall  cause 

7  to  be  previously  published,  for  the  space  of  thirty  days, 

8  in  one  or  more  newspapers,  as  they  may  deem  proper; 

9  at  which  time  and  place  the  said  stockholders,  in  person 

10  or  proxy,  shall  proceed  to  elect  the  directors  of  the  com- 

11  pany,  and  to  enact  all  such  regulations  and  by-laws  as 

12  may  be  necessary  for  the  government  of  the  corporation 

13  and  the  transaction  of  its  business.     The  persons  elected 

14  directors  at  this  meeting,  shall  serve  such  a  period,  not 

15  exceeding  one  year,  as  the  stockholders  may  direct ;  and 

16  at  this  meeting,  the  stockholders  shall  fix  on  the  day  and 

17  place  when  the  subsequent  election  of  directors  shall  be 

18  held;   and  such  elections  shall  henceforth  be  annually 

19  made ;  but,  if  the  day  of  the  annual  election  should  pass 

20  without  any  election  of  directors,  the  corporation   shall 

21  not  thereby  be  dissolved,   but  it  shall  be  lawful  on   any 

22  other  day  to  hold  and  make  such  election  in  such  man- 

23  ner  as  may  be  prescribed  by  a  by-law  of  the  corporation. 

IX.  That  the  affairs  of  the  company  shall  be  managed 
2  and  directed  by  a  general  board,   to  consist  of  eight  di- 


174 


3  rectors,  to  be  elected  by  the  stockholders  from  among 

4  their  number,  at  the  first  and  subsequent  general  annual 

5  meetings,  as  prescribed  in  the  eighth  section  of  this  act, 

6  until  such  time  as  the  State  may  subscribe,  when   the 

7  State  shall  be  entitled  to  four  directors,  to  be  appointed 
S  by  the  Governor,  by  and  with  the  advice  of  his  council, 

9  and  four   to  be  elected  by  the  stockholders :  that  no 
10  one  shall  serve  as  a  director  who  is  not  a  stockholder. 

X.  That  the  election  of  directors  shall  be  by  ballot,  each 

2  stockholder  having  as  many  votes  as  he  has  shares  in 

3  the  stock   of  said  company ;   and  the  person  having  a 

4  majority  of  all  the  votes  polled,  shall  be  considered  as 

5  duly  elected. 

XI.  That  the  president  of  the  company  shall  be  elected 

2  by  the  directors,  from  among  their  own  number,  in  such 

3  mariner  as  the  regulations  of  the  company  shall  prescribe. 

XII.  That  at  the  first  general  meeting  of  the  stockholders, 

2  to  be  called  under  section  eight  of  this  act,  a  majority 

3  of  all  the  shares  subscribed  shall  be  represented   before 

4  proceeding  to  business  ;  and  it  a  sufficient  number  do 

5  not  appear  on  the  day  appointed,  those  who  do  attend 

6  shall  have  the  power  to  adjourn  from  time  to  time,  until 

7  a  regular  meeting  shall  be  thus  formed;  and  at   such 

8  meeting,  the  stockholders  may  provide,  by  a  by-law,  as 

9  to  the  number  of  stockholders  and  the  amount  of  stock 

10  to  be  held  by  them,  which  shall  constitute  a  quorum  for 

11  transacting  business  at  all  subsequent  regular  or  called 

12  meetings  of  stockholders  and  directors. 

XIII.  That  in  allelections,  and  upon  all  votes  taken  in  any 

2  general  meeting  of  the  stockholders,  upon  any  by-law 

3  or  any  of  the  affairs  of  the  company,  each  share  of  stock 

4  shall  be  entitled  to  one  vote,   and  that  any  stockholder 

5  in  said  company  may  vole  by  proxy  ;  and  proxies  may 


175 


6  be  verified  in  such   manner  as  the  stockholders  by  by- 

7  laws  may  prescribe. 

XIV.  That  the  general  commissioners   shall  make  their 

2  return  of  the  shares  of  stock  subscribed  for,  at  the  first 

3  general  meeting  of  stockholders,   and  pay  over   to   the 

4  directors  elected  at   said   meeting,  or  their  authorized 

5  agent,  all  sums  of  money  received  from  subscribers  ;  and 

6  for  failure  therefor,  shall  be  personally  liable  to  said 

7  company,  to  be  recovered  at  the  suit  of  said  company 

8  in  any  Superior  Court  of  law  in  this  State,  within    the 

9  county  where  such  delinquent  or  delinquents  may   re- 

10  side,  and  in  like  manner  from  said  delinquent  or  delin- 

11  quents'  executors  or  administrators,  in  case  of  his  or  their 

12  death. 

XV.  That  the  board  of  directors  may  fill  all  vacancies 

2  which  may  occur  in  their  body  during  the  period  for 

3  which  they  have  been  elected,  and  in  the  absence  of  the 

4  president,  may  fill  his  place  by  electing  a  president  pro. 

5  tern,  from  among  their  number. 

XVI.  That  all  contracts  or  agreements,  authenticated  by 

2  the  president  and  secretary  of  the  board  of  directors,  shall 

3  be  binding  on   the  company  without  a  seal,  or  such  a 

4  mode  of  authentication  may  be  used  as  the  company, 

5  by  their  by-laws  may  adopt. 

XVII.  That  the  company  shall  have  power  and   may 

2  proceed  to  construct,  as  speedily  as  possible,  a  railroad* 

3  with  one  or  more  tracts,  of  the  same  width  of  the  North 

4  Carolina  railroad,  to  be  used  with  steam  power,  which 

5  shall  extend  from  the  most  practicable  point  at  or  near 

6  the  town  of  Beaufort,  in  Carteret  county,  in  the  manner 

7  prescribed  in  the  second  section  of  this  act,  to  the  termi- 

8  nus  of  the  North  Carolina  railroad,  at  or  near  the  town 

9  of  Goldsboro',  in  the  county  of  Wayne,  and  said  com- 


176 

10  pany  may  use  any  section  of  the  railroad  constructed  by 

11  them,  before  the  whole  of  said  road  shall  be  completed. 

XVIII.  That  the  said  company  shall  have  the  exclusive 

2  right    of    conveyance   or    transportation   of    persons, 

3  goods,  merchandise  and  produce  over  the  said  railroad, 

4  to  be  by  them  constructed,  at  such  charges  as  may  be 

5  fixed  on  by  a  majority  of  the  directors. 

XIX.  That  the  said  company  may,  when  they  see  pro- 

2  per,  farm   out   their  right  of  transportation   over  said 

3  railroad,  subject  to  the  rules  above  mentioned  ;  and  the 

4  said  company,  and   every  person    who   may  have   re- 

5  ceived  from  them  the  right  of  transportation  of  goods, 

6  wares   and  produce,  on   said   railroad,  shall  be  deemed 

7  and   taken   a   common  carrier,  as   respects  all  goods, 

8  wares,  produce  and  merchandise  entrusted  to  them  for 

9  transportation. 

XX.  That  the  board  of  directors  may  call  for  the  pay- 

2  ment  of  the  sums  subscribed  as  stock  in  said  company, 

3  in  such  instalments  as   the  interest  of  said    company, 

4  may,  in  their  opinion,  require  :    the  call  for  each   pay- 

5  ment  shall    be  published  in  one  or  more  newspapers  in 

6  this  State,  for  the   space  of  one  month  before  the  day 

7  of  payment,  and  on  failure  of  any  stockholder  to  pay 

8  each    instalment,  as    thus    required,  the  directors  may 

9  sell  at  public  auction,  on  a  previous  notice  of  ten  days, 

10  for  cash,  all   the   stock  subscribed  for  in  said  company 

11  by  such  stockholder,  and  convey  the  same  to  the  pur- 

12  chaser  at  said  sale  ;  and  if  said   sale   of   stock  do  not 

13  produce  a  sum  sufficient  to  pay  off  the   incidental  ex- 

14  penses  of  the  sale,  and  the  entire   amount    owing  by 

15  such  stockholder  to  the  company,  for  such  subscription 

16  of  stock,  then  and   in   that   case    the  whole  of  such 

17  balance  shall  be  held  and  taken  as  due  at  once  to  the 
lg  company,  and  may  be  recovered  of  such  stockholder  or 


177 


19  his  executors,  administrators  or   assigns,  at  the  suit  of 

20  said  company,  either  by  summary  motion  in  the  Court 

21  of  superior  jurisdiction  in  the  county  where  the  delin- 

22  quent  resides,  on  a  previous  notice  of  ten  days  to  said 

23  subscriber,  or    by  action  of  assumpsit,  in  any  Court  of 

24  competent  jurisdiction,  or  by  a  warrant  before  a  justice 

25  of  the  peace,  when  the  sum  does  not  exceed  one  hun- 

26  dred  dollars ;  and  in  all  cases  of  assignment  of  stock, 

27  before  the  whole  amount  has  been    paid  to  the  com- 

28  pany,  then  for  all  sums   due   on   such    stock,  both  the 

29  original  subscribers  and   the  first  and   all  subsequent 

30  assignees  shall  be  liable  to  the  company,  and  the  same 

31  be  recovered  as  above  described. 

XXI.  That  the  debt  of  ^stockholders,  due  the  company 

2  for   stock  therein,  either   as   original   proprietor  or  as 

3  first  or  subsequent  assignee,  shall  be  considered  as  of 

4  equal  dignity  with  judgments  in  the  distribution  of  as- 

5  sets  of  a  deceased  stockholder,  by  his  legal  representa- 

6  tive. 

XXII.  That   said    company  shall   issue    certificates  of 

2  stock   to   its   members ;    and  said  stock  may  be  trans- 

3  ferred  in  such  manner  and  form  as  may  be  directed  by 

4  the  by-laws  of  the  company. 

XXIII.  That  the  Board  of  Directors  shall  once  in  every 

2  year  make  a  full  report  on   the  state  of  the  company 

3  and  its  affairs,  to  a  general  meeting  of  the  stockholders, 

4  and  oftener,  if  required  ;  and  shall  have  power  to  call  a 

5  general    meeting  of  the   stockholders,  when  the  board 

6  may  deem   it  expedient;   and  the    company  may  pro- 

7  vide   in   their  by-laws,  for  occasional   meetings  being 

8  called,  and  prescribe  the  mode  thereof. 

XXIV.  That  the  said  company  may  purchase,  have  and 
2  hold  in  fee,  for  a  term  of  years,  any  lands,  tenements 


178 

3  or   hereditaments    which    may    be   necessary  for  said 

4  road,  or  the  appurtenances  thereof,  or  for  the  erection 
o  of  depositories,  storehouses,  houses  for  the  officers,  ser- 

6  vants  or  agents  for  the  company,  or  for  workshops  or 

7  foundries,  to  be  used  lor  the  said  company,  or  tor  pro- 

8  curing  stone  or  other  materials  necessary  to  the  con- 

9  struction  of  the  road,  or  for  effecting  transportation 
10  thereon,  and  for  no  other  purposes  whatever. 

XXV.  That   the  company  shall  have   the   right,  when 

2  necessary,  to  conduct  the  said  road  across  or  along  any 

3  public  road  or  watercourse  :    Provided,   That  the  said 

4  company  shall   not   obstruct  any  public  road,  without 

5  constructing  another  equally  as  good   and  as  conve- 

6  nient,  nor  without  making  a  draw  in  any  bridge  of  said 

7  road,  which  may  cross   a  navigable  stream,  sufficient 

8  for  the  passage  of  vessels  navigating  such  stream. 

XXVI.  That  when  any  lands  or  right  of  way  may  be 

2  required  by  said  company,  for  the  purpose  of  construct- 

3  ing  their  road,  and  for  the  want  of  agreement  as  to  the 

4  value  thereof,  or  from  any  other  cause,  the  same  cannot 

5  be  purchased  from  the  owner  or  owners,  the  same  may 

6  be  taken   at  a  valuation,  to   be   made  by  five  commis- 

7  sioners,  or  a  majority  of  them,  to  be  appointed  by  any 

8  Court  of  Record  having  common   law   jurisdiction  in 

9  the  county  where  some  part  of  the  land  or  right  of  way 

10  is  situated,     in    making    the  said   valuation,  the  said 

11  commissioners  shall  take  into  consideration  the  loss  or 

12  damage  which  may  accrue  to  the  owner  or  owners,  in 

13  consequence  of  the  land  or  right  of  way  being  surren- 

14  dered,  and  the  benefit  and  advantage,  he,  she  or  they 

15  may  receive  from  the  erection   or  establishment  of  the 

16  railroad  or  work,  and  shall  state  particularly  the  value 

17  and  amount  of  each  ;  and  the  excess  of  loss  and  dam- 
1S  age,  over  and  above  the  advontage  and  benefit,  shall 
19  form  the  measure  of  valuation  of  the  said  land  or  right 


179 


20  of  way  :  Provided,  nevertheless,  That  if  any  person  or 

21  person?,  over  whose  land  the  road  may  pass,  shall  be 

22  dissatisfied  with  the   valuation  of  said  commissioners, 

23  then  and  in  that  case  the  person  or  persons  so  dissatis- 

24  fied,  or  the  President  and  Directors  of  the   road,  may 

25  have  an  appeal   to   the   Superior  Court,  in  the  county 

26  where  the  said  valuation  has  been  made,  or  in  either  in 

27  which  the  land  lies,  when  it  may  lie  in   more  than  one 

28  county,  under  the   same  rules,  regulations  and  restric- 

29  tions,  as  in  appeals  from  judgments  of  justices  of  the 

30  peace.     The  proceeding  of  the  said  commissioners,  ac- 

31  companied  with  a  full  description  of  said  land  or  right 

32  ot  way,  shall  be  returned,  under  the  hands  and  seals  of 

33  a  majority  of  the    commissioners,  to    the    Court   from 

34  which  the  commission  issued,  there  to  remain  a  matter 

35  of  record.     And  the  lands  or  right  of  way,  so  valued 

36  by  the  said  commissioners,  shall  vest  in  said  company, 

37  so  long  as   the  same  shall  be  used  for  the  purposes  of 

38  said   railroad,  so  soon  as    the    valuation  may  be  paid, 

39  or  when  refused,  may  have  been  tendered  :    Provided, 

40  That   on   application  lor  the  appointment  of  commis- 

41  sioners  under  this  section,  it  shall  be  made  to  appear  to 

42  the  satisfaction  of  the  Court,  that  at  least  ten  days  pre* 

43  vious  notice  has  been  given   by  the  applicant  to  the 

44  owner  or  owners  of  land  so  proposed  to  be  condemn- 

45  ed,  or  if  the  owner  or  owners  be  infants,  or  non   com- 

46  pos  mentis,  then  to  the  guardian  of  such  owner  or  ow- 

47  ners,  if  such  guardian  can  be  found  within  the  county  ; 

48  or  if  he  cannot  be  found,  then  such  appointment  shall 

49  not  be  made,  unless  notice  of  the  application  shall  have 

50  been  published  at  least  one  month   next   preceding,  in 

51  some  newspaper   printed  as  convenient  as  may  be  to 

52  the  Court  House  of  the  county,  and  shall  have  been 

53  posted  at  the  door  of  the  Court  House,  on  the  first  day 

54  at  least  of  the  term  of  said  court,  to  which  the  appli- 

55  cation  is  made  :  Provided  further,   That  the  valuation 

56  provided  for  in   this  section  shall   be  made  on  oath  by 


ISO 


57  the  commissioners  aforesaid,  which  oath  any  justice  of 

58  the  peace  or  clerk  of  the  Court  of  the  county  in  which 

59  the  land  or  a  part  of  it  lies,  is  hereby  authorised  to  ad- 

60  minister  :    Provided,  further,   That  the  right  of  con- 

61  demnation  herein  granted,  shall  not  authorise  the  said 

62  company  to  invade  the  dwelling  house,  yard  or  burial 

63  ground  of  an  individual,  without  his  consent. 

XXVII.  That  the  right  of  said  company  to  condemn 

2  lands,  in  the  manner  described  in  the  twenty-sixth  sec- 

3  tion  of  this  act,  shall  extend    to   the  condemning  one 

4  hundred  feet  on  each  side  of  the  main  track  of  the  road, 

5  measuring  from  the  centre  of  the  same,  unless  in  case 

6  of  deep  cuts  and  filling,   when  the  said  company  shall 

7  have  power  to  condemn  as  much  in  addition  thereto  as 

8  may  be  necessary  for  the  purpose  of  constructing  said 

9  road;  and  the   company  shall  also  have  power  to  con- 

10  demn  and  appropriate  lands  in  like  manner,  for  thecon- 

11  structing  and  building  depots,  shops,  warehouses,  build- 

12  inss  for  servants,  agents  and  persons  employed  on  the 

13  road,  not  exceeding  two  acres   in  .any  one  lot  or  sta- 

14  tion. 

XXVIII.  That,  in  the  absence  of  any  contract  or  con- 

2  tracts  with  said  company,  in  relation  to  lands  through 

3  which  said  road   or  its  branches   may  pass,  signed  by 

4  the  owner  thereof  or  by  his  agent,  or  any  claimant  or 

5  person  in  possession  thereof,  which  may  be  confirmed 

6  by  the   owner    thereof,  it   shall  be   presumed  that  the 

7  land  upon  which  the  said    road  or  any  of   its  branches 

8  may  be  constructed,  together  with  a  space  of  one  hun- 

9  dred  feet   on  each  side  of  the  centre  of  said  road,  has 

10  been  granted  to  the  said  company,  by  the  owners  there- 

11  of;  and    the   said  company   shall  have  good  right  and 

12  title  thereto,  and  shall  hold  and  enjoy  the  same  as  long 

13  as  the  same  shall  be  used  for  the  purposes  of  said  road, 

14  and  no  longer,  unless  the  person  or  persons  owning  the 


181 


15  said  land,  at  the  time  that  part  of  the  said  road  which 

16  may  be  on  the  said  land  was  finished,  or  those  claim- 

17  ing  under  him,  her  or  them,  shall  apply  for  an  assess- 

18  ment  of  the  value  of  said  land,  as  herein  before  directed, 

19  within  two  years  next   after  that  part  of  the  said  was 

20  finished  ;  and  in  case  the  said  owner  or  owners,  or  those 

21  claiming  under  him,  her  or  them,  shall  not  apply  within 

22  two  years  next  after  said  part  was  firished,  he,  she,  or 

23  they,  shall  be  forever  barred  from  recovering  said  lands 

24  or  having  any   assessment  or  compensation    therefor: 

25  Provided,  That  nothing  herein   contained  shall  affect 

26  the  rights  of  feme   coverts   or  infants,   until  two  years 

27  after  the  removal  of  their  respective  disabilities. 

XXIX.  That  all  lands  not   heretofore  granted  to   any 

2  person,  nor  appropriated  by  law  to  the  use  of  the  State, 

3  within   one   hundred  feet  of   the  centre  of  said  road, 

4  which  may  be  constructed  by  the  said  company,    shall 

5  vest  in  the  company  as  soon  as  the  line  of  the  road  is 

6  definitely  laid   out    through   it,  and  any  grant  of  land 

7  thereafter  shall  be  void. 

XXX.  That,  if  any  person  shall  intrude  upon  the  said 

2  road,  by  any  manner  of  use  thereof,   or  of  the  lights 

3  and  privileges  connected  therewith,  without  permission 

4  or  contrary   to  the  will  of  said   company,   he,  she,  or 

5  they  may  be  indicted  for  a  misdemeanor,    and  upon 

6  conviction  thereof,  fined  and  imprisoned  by  any  court 

7  of  competent  jurisdiction  in  this  State. 

XXXI.  That  every  obstruction  to  the  safe  and  free  pas- 

2  sage  of  vehicles  on  the  said  road  or   its  branches,  shall 

3  be  deemed  a  public  nuisance,  and  may  be  abated  as  such 

4  by  any  officer,  agent  or  servant,  of  said  company;  and 

5  the  person   causing  such  obstructions  may  be  indicted, 

6  and  punished  for  erecting  a  public  nuisance. 


182 


XXXII.  That  the  said  company  shall  have  the  right  to 

2  take  at  the  storehouses  they  may  establish,  or  annex  to 

3  their  railroad  or  the  branches  thereof,  all  goods,  ware?, 

4  merchandise  and  produce,   intended  for  transportation 

5  prescribe  the  rules  of  priority  and  charges,  and  receive 

6  such  just  and  reasonable  compensation  for  storage,  as 

7  they  by  rules  may  establish,  (which  they  shall  cause  to 

8  be  published.)  or  as    may  be  fixed  by    agreement  with 

9  the  owner,    which   may  be  distinct    from    the  rules  of 

10  transportation:  Provided,  That  the  said  company  shall 

11  not  charge  or   receive  storage   on  goods,  wares,   mer- 

12  chandise  or  produce,   which  may  be  delivered  to  them 

13  at  their  regular  depositories  for  immediate    transporta- 

14  tion,  and  which  the  company  may  have  power  to  trans- 

15  port  immediately. 

XXXIIL  That  the  profits  of  the  company,   or  so  much 

2  thereof,  as  the  genera.!  board  may  deem  advisable,  shall, 

3  when  the  affairs  of  the  company  will  permit,  be  semi- 

4  annually  divided  among  the  stockholders  in  proportion 

5  to  the  stock  they  may  own. 

XXXIV.  [That,  whenever  it  shall  appear  to  the  Board  of 

2  Internal  Improvements,  by  the  certificate  of  the  treas- 

3  urer  of  the  said  company,  and  countersigned  by  their 

4  president,  that  three  hundred  thousand  dollars  has  been 

5  subscribed  for  and   taken,  and  that  five  hundred  dollars 

6  has  been  paid  on  the  stock,   to  the  treasurer  of  the  said 

7  company,  in  cash  or  in  labor  performed  on  said  road, 

8  and  accepted  by  said  company,   the   board  of  internal 

9  improvements  are  hereby   authorized    and  required  to 

10  subsciibe  on  behalf  of  the  State,  for  stock  in  said  com- 

11  pany,  to  the  amount  of  five  hundred  thousand    dollars, 

12  to  the  capital  stock  of  the   said   company,  which  sub- 

13  script  ion  in  behalf  of  the  State  shall  be  paid  for  as  fol- 

14  lows,   to-wit :  four  hundred  and  seventy-five  thousand 

15  dollars  in  the  stock  of  the  Raleigh,  and  Gaston  Railroad 


183 


16  Company — the  transfer  and  assignment  of  the  said  stock 

17  to  be  made  by  the  Governor  under  the  seal  of  the  State, 

18  to  the  president  and  directors  of  the  said  Atlantic  and, 

19  North  Carolina  Railroad  Company,  and  their  assignees: 

20  Provided,  That  the  State  shall  not  be  "held  responsible 

21  for  any  discount  which  may  arise  from  the  sale  of  said. 

22  stock,  but  the  same  shall  be  taken  at  par  value  in  pay- 

23  ment  of  the   State's  subscription  ;  and  the  further  sum 

24  of  twenty  five  thousand  dollars  of   the  capital  stock  of 

25  the  Fayetteville  and   Western  Plank   Road   Company, 

26  the  transfer  and  assignment  of  which  said  stock  to  be 

27  made  by  the   Treasurer  of  the  State  to  the   president 

28  and  directors  of  the  said  Atlantic  and  North  Carolina 

29  Railroad  Company,  and  their  assignees.] 

XXXV.  That,  in  order  to  raise  the  sum  of  three  hun- 

2  dred  thousand  dollars,   as  herein  authorized  to  be  sub- 

3  scribed  by  individuals,    it  shall    also  be  lawful  for  any 

4  corporation  or   county  within  this   State    to   subscribe 

5  for  stock  in  said  company  :  Provided,  The  said  corpo- 

6  ration  or  county  be  authorised  to   subscribe  in  manner 

7  as  hereinafter  directed  and  provided. 

XXXVI.  That,  in  order  to  enable  the  corporate  authori- 

2  ties  of  any  town  to  subscribe  for  stock  in  said  company, 

3  it  shall  be  the  duty  of  said  corporate  authorities  of  such 

4  town  to  make  an  order  stating  the  sum  proposed  to  be 

5  subscribed,  and  then  to  submit  the  question  of  subscrip- 

6  tion  or  no    subscription   to  the  qualified  voters  in   said 

7  town,  on  such  terms  and  in  such  form  as  the  authorities 

8  may  prescribe,  and  if  a  majority  of  the  inhabitants  of 

9  said  town,  qualified  to  vote  for  town  officers,  shall  vote 

10  in  favor  of  such  subscription,  then  the  corporate  author- 

11  ities  shall  appoint  a   suitable   agent  to  make   the  same, 

12  and  to  represent   said  corporation  in  all  such  meetings 

13  as  may  be  held  of  the  stockholders  of  the  said  railroad 

14  company. 


184 


XXXVII.  That,  in  order  to  enable  said  corporate  author- 

2  ities  to  raise   the  funds  necessary  to  pay  their  subscrip- 

3  tion,  it  shall  be  lawful  for  said  authorities,  by  their  duly 

4  appointed  officer,    to    cause  their   bonds    to  be  issued, 

5  payable  to  the  president  of  said  company,  on  a  credit  of 

6  not  exceeding  twenty  years,  with  interest  payable  semi- 
■;7  annually,  at  the  rate  of  six  per  centum  ;  which   bonds 

8  shall  be  endorsed  by  the  Treasurer  of  the  State,   upon 

9  the  express  condition  that  the  authorities  ot   such  town 

10  or  corporation  shall  annually  levy  and  collect  such  an 

11  amount  of  taxes  as  may  be  sufficient  to  pay  the  interest 

12  on  said  bonds,  and  gradually   to  pay  off  and  discharge 

13  the  principal ;  and  on  their  failure  so  to  provide,  it  shall 

14  be  lawful  for  the  General  Assembly  to  levy  and  collect 

15  such  amount  of  taxes  on  the  property  and    persons  of 

16  such  inhabitants,  in  said  town  or  corporation,  as  shall 

17  be  sufficient  to  pay  off  both   principal  and  interest  on 

18  such  bonds. 

XXXVIII.  That  it  shall  be  lawful  for  the  Justices  of  the 

2  Court  of  Pleas  and  Quarter  Sessions,  at  the  first  court 

3  which  they  may  hold,  after  the  first  day  of  next 

4  for  the  counties  of  Carteret,   Craven,  Jones,   Lenoir, 

5  Wayne,   Greene,  or   any    contiguous     county    to  said 

6  railroad,  a  majority  of  he  Justices  being  on    the  bench, 

7  to    decide  on  the  am  ount  to   be  subscribed  to  said  rail* 

8  road  company,  in   behalf  of  their  county,  and  to   make 

9  the  necessary  orders  for  submitting  the  question  of  sub- 

10  scription  or  no  subscription   to  the  voters  of  their  re- 

11  spective  counties,  who  may  be  entitled  to  vote  for  mem- 

12  bers  of  the  House  of  Commons  for  the  General  Assem- 

13  bly,  and  if  a  majority  shall  decide  in  favor  of  subscrip- 

14  tion,  it  shall  be   the   duty  of  the  sheriff,   under  whose 

15  authority  the  polls  are  to  be  held,  to  make  return  thereof 

16  within  five  days  after  any  such   vote,  under  the  same 

17  penalties  as  are   now  prescribed  by   law   in  regard  to 
IS  members  of  the  General  Assembly,  to  liie  chairman  of 


18*5 

19  their  County  Courts,   whose  duly  it   shall  be  to  call  to. 

20  gether  the  Justices  of  the  Peace  of  said  county,  a  ma- 

21  jority  of  whom  shall  be  authorized  and  required  to  ap- 

22  point  an  agent  to  subscribe  for  the  number  of  shares  in 

23  the  stock  of  said  company,  which  he  shall  be  authorized 

24  to  do  by  the  order  of  said  court,  and  thereafter  to  rep- 

25  resent  the  stock  of  such  county  in  all  general  meetings 

26  of  the  stockholders  ;  which  agent  it  shall  be  competent 

27  for  the  Justices  to  change,  as  to  them  shall  seem  proper. 

XXXIX.  That,  toenable  the  Justices  of  the  said  County 

2  Courts  to  raise  the  sum  necessary  to  pay  said  subscrip- 

3  tion,  it  shall  be  lawful  for  said  Justices  to  pass  thencces- 

4  sary  order,  which  shall  be  placed  on  record,   for  issuing 

5  bonds  for  the  amount   subscribed,    on  a   credit    of  not 

6  exceeding  twenty  years,  bearing  interest  at  six  percent. 

7  payable  semi-annually,  to  the  president  of  said  railroad 

8  company,  which  bonds  the  Treasurer   of  the  State  is 

9  hereby  directed  to  endorse,  pledging  the  State  to  their 

10  payment,  upon  the  express  condition,  that   the  Justices 

11  of  said  county  shall  annually  levy  and  collect  a   tax  on 

12  the  property  and  persons  of  the  inhabitants  of  said  county 

13  sufficient  to  pay  the  interest  on  said  bonds,  as  well  as 

14  whatever  sum  shall  be  deemed  necessary  for  the  gradual 

15  payment  of  the  principal ;  and  on   their   failure  so   to 

16  provide,  it  shall  be  lawful  for  the  General  Assembly  to 

17  levy  and  collect  such  an  amount  of  taxes  on  the  persons 

18  and  property  of  the  inhabitants  of  such  county  as  shall 

19  be  sufficient  to  pay  off  both  principal  and  interest  on 

20  such  bonds. 

XL:  That    the   president    and   directors  of  the   Neuse 

2  River   Navigation    company,  be,  and    they  are  hereby 

3  authorised,  by  and   with   the  consent  of  a    majority  of 

4  the  stockholders  of  said   company,  in  general    meeting 

5  assembled,  to  subscribe,    in   the   name  and  on  behalf  of 

6  said  company,  for  such  an  amount  of  the  capital  stock 


ISO 


7  of  the  Atlantic  and  North  Carolina  Railroad  company, 

8  as  they  may  think  proper,  to  be  paid  for  in  the  stock  of 

9  said  Neuse   River  Navigation   company,  the    transfer 

10  and  assessment  of  said  stock  to  be  made  by  the  presi- 

11  dent  and  directors  of  the  said  Neuse  River  Navigation 

12  company,  under  the  corporate  seal  of  said  company. 

XLI.    That   the   president  and  directors  of  the  several 

2  banks  of  this  State,  by  and  with  the  consent  of  a  ma- 

3  jority  of  the    stockholders    thereof,   respectively,  shall 

4  have  power  and  authority  to  subscribe,  in  the  name  and 

5  on  behalf  of  their  corporation,  respectively,  for  such  an 

6  amount  of  the  capital  stock  of  the   Atlantic  and  North 

7  Carolina  Railroad  company,  as  they  may  think  proper. 

XLIL     That   whenever  the  said    company  shall    have 

2  expended  the  sum  hereinbefore  authorised,  in  the  con- 

3  struction  of  said  railroad,  and    the   said    sum    should 

4  prove  insufficient  to  complete  the  same,  and  to  furnish 

5  the  necessary  cars,  engines  and  station  houses,  it  shall 

6  be  the  duty  of  the  General  Assembly,  at  its  next  bien- 

7  nial  session,  to  authorise  and  direct  a  further  subscript 

8  tion  to  the  stock  of  said  company,  of  one  hundred  thou* 

9  sand  dollars,  to  be  paid  for  in  such  State  stock  as  the 

10  General  Assembly  shall  then    order    and  direct,  which 

11  shall  form  the  capital  stock  of   said   company.     And  if 

12  that  sum  shall  prove  insufficient  to  complete  and  stock 

13  the  said  road,  the  company  may  at  any  time  increase 

14  its  capital  to  a  sum    sufficient  to    complete  said  road, 

15  not  exceeding  one  hundred  thousand  dollars,  so  as  to 

16  make  the  total    capital   one   million   of  dollars,   either 

17  by  opening  books  for  new  stock,  or  by  borrowing  mo- 

18  ney  on  the  credit  of  the  company,  and  on  the  mortgage 

19  of  its  charter  and  works,  as  the  stockholders,  in  general 

20  meeting,  shall  direct. 

XLIII.    That  the  board  of  internal  improvements  may 
2  appoint  some  suitable  person  to  represent  the  interest 


3  of  the  State,  in  all  general  meetings  of  the  stockhol- 

4  holders,  who  shall  have  the  right  to  vote  on  all  ques- 

5  tions,  and  to  enquire  into  the  condition  of  the  company, 

6  except  in  the  election  of  the  directors  to  be  appointed 

7  by  the  individual  stockholders. 

XLIV.   That  in  case  of  domestic  invasion  or  insurrec- 

2  tion,  the  company  shall  transport  the  troops  and  muni- 

3  tions  of  war  of  the  State,  free  of  charge. 

XLV.  That  the  following  officers  and  servants  and  per- 

2  sons  in  the  actual  employment  of  said  company  be,  and 

3  they  are  hereby  exempt  from  the  performance  of  jury 

4  and  ordinary  military  duty :  the  president  and  treasurer 

5  of  the  board  of  directors,  and  the  chief  and  assistant 

6  engineers,  the  secretaries  and  accountants  of  the  com- 

7  pany,  keepers  of  the  depositories,  guards  stationed  on 

8  the  road  to  protect  it  from  injury,  and  such  persons  as 

9  may  be  working  locomotive  engines,    and  travelling 

10  with  cars  for  the  purpose  of  attending  to  the  'ransport- 

11  ing  of  produce,  goods  and  passengers  on  the  road. 

XLVI.  That  all  the  works  hereby  required  of  the  Atlantic 

2  and  North  Carolina  Railroad  Company  shall  be  execu- 

[  3  ted  with  due  diligence,  and  if  the  said  road  be  not  com- 

4  pleted  within  six  years  after  the  ratification  of  this  act, 

5  this  charter  shall  be  forfeited. 


[House  Document,  No  31.] 


REPORT 

OF  COMMISSIONERS  TO  REVISE 

AND  DIGEST  THE  PUBLIC  STATUTES. 


To    the    Honorable    the     General    Assembly    of   the 
State  of  North   Carolina, 

The  undersigned,  two  of  the  commissioners,  appointed 
by  the  Governor,  to  revise  and  digest  the  laws,  in  pursu- 
ance of  the  Act  of  the  last  session  of  the  General  Assem- 
bly, entitled  "  an  Act  for  revising  and  digesting  the  public 
Statute  Laws  of  the  State,"  beg  leave  to  report : 

In  conjunction  with  R.  M.  Saunders,  Esq.,  they  received 
their  appointment  in  June  1851,  and  immediately  appor- 
tioned among  themselves  the  entire  body  of  the  chapters  of 
"  the  Revised  Statutes." 

The  first  step  was  the  preparation  of  tables  or  indexes, 
by  which  the  statutes,  passed  since  1830,  might  be  digested 
under  their  appropriate  chapters.  As  many  of  these  stat- 
utes embraced  subjects,  properly  distributable  among  differ- 
ent chapters  of  the  Revised  Statutes,  it  became  necessary, 
not  only  carefully  to  dissect  their  several  parts,  but  to  se- 
lect the  most  fitting  place  for  their  consolidation  with  the 
chapters  of  the  Revised  Statutes. 


190 


This  was  a  work  of  considerable  labor,  and  obviously 
indispensable,  both  for  proper  arrangement  and  to  prevent 
omission  of  any  part  of  the  law. 

This  preparation  having  been  made,  they  set  about  revi- 
sing and  digesting  the  Statutes.  In  the  prosecution  of  this 
part  of  the  work,  they  regarded  it  as  their  duty,  not  only 
to  consolidate  the  acts  passed  since  1836,  with  those  then 
revised,  but,  also,  to  revise  the  language  of  all  the  statutes, 
and  expunge  much  unnecessary  verbiage  which  often 
clogs  the  expression,  and  not  unfrequently  obscures  the 
meaning  of  our  laws. 

They  did  not  deem  that  their  work  would  be  acceptable, 
by  simply  collecting  and  reducing  into  one  chapter,  the 
statutes  passed  at  different  times  upon  the  same  subject 
matter,  after  the  manner  of  a  condensed  compilation  ;  but 
they  thought  it  best,  and  expected,  too,  of  them,  that  they 
should  consolidate  them  so  as  to  give  to  them  the  character 
of  the  unity  of  one  enactment,  thereby  much  abbreviating 
the  law  and  effecting,  if  possible,  the  directions  of  the  Leg- 
islature, to  compress  the  whole  into  one  volume. 

This  work  of  collation,  consolidation  and  condensation, 
they  believed  they  could  best  perform,  each  one  by  him- 
self; and  they  prosecuted  it  in  this  manner  till  June  last, 
when,  having  nearly  completed,  each  one,  his  several  task, 
they  met  in  this  city  to  submit  the  whole  to  a  joint  revision. 

This  part  of  the  work  required  the  united  presence  and 
action  of  all  the  commissioners.  After  this  should  have 
been  completed,  next  was  to  follow  the  reference  to  the 
statutes  revised,  and  to  the  decisions  of  the  Supreme  Court 
on  the  statutes.  Then  was  to  be  prepared  the  index,  a 
work  requiring'both  time  and  care  :  and  then  each  chapter, 
as  revised,  was  to  be  printed  for  the  examination  and  action 
of  the  Legislature.  There  was  no  provision  for  this  impor. 
tant  part  of  the  work  ;  but  the  commissioners  had  deter- 
mined to  procure  it,  if  this  had  been  the  only  obstacle  to 
the  completion  of  their  labors, — leaving  the  compensation 
entirely  to  the  Legislature.     In  July  last,  while  engaged  in 


191 


their  labors,  they  were  assured  by  one  of  the  commission- 
ers, who  had  participated  in  the  revisal  of  1S3G,  that  the 
printing  and  revision  of  the  proof  would  require  about  three 
months.  Having  no  reason,  on  reflection,  to  doubt  the 
fact,  they  were  made  sensible  at  once,  of  the  impractica- 
bility ol  attempting  to  present  the  work  at  this  session  of 
the  Legislature  ;  and  It.  M.  Saunders,  Esq.,  having  re" 
signed  his  place  in  the  board,  no  further  progress  has  been 
made  in  the  joint  revision  since  the  idea  of  completing  the 
work  was  abandoned. 

The  plan  with  which  the  revision  had  been  commenced 
and  was  to  be  prosecuted,  required  time  for  its  accomplish- 
ment ;  and  that  time  was  not  to  be  had,  unless  all  the  com- 
missioners had  convened  together  and  devoted  themselves, 
without  intermission,  to  the  work.  They  did  not  suppose 
that  it  was  expected  of  them,  that  they  should  abandon 
their  profession  altogether — a  course  which  had  been  highly 
unjust  to  their  numerous  clients,  and  attended  with  great 
individual  sacrifice  to  themselves. 

In  truth,  however,  the  undersigned  did  believe,  when 
they  accepted  the  commission,  that  they  could  perform  the 
work  in  time  for  the  present  session  of  the  General  Assem- 
bly, and  were  not  convinced  to  the  contrary  till  they  con- 
vened during  the  past  summer. 

They  deeply  regret  the  delay  and  the  public  disappoint- 
ment, but  they  are  assured  that  a  due  regard  to  the  public 
interest  fully  justifies  that  delay.  They  could  not  have 
been  persuaded  to  offer  to  the  Legislature  a  work  with 
which  they  would  have  been  so  little  satisfied  themselves, 
as  that  which  could  have  been  prepared  by  them,  (even  if 
they  had  the  power  to  have  prosecuted  it  in  the  absence  of 
a  third  commissioner,)  after  the  information  given  to  them 
of  the  length  of  time  necessary  for  the  printing. 

In  conclusion,  they  suggest,  that  if  the  Legislature  shall 
deem  it  advisable  to  authorize  a  continuance  of  the  com- 
mission, some  provision  be  made  for  printing  the  statutes, 
as  revised,  before  presenting  them  for  legislative  action. 


192 


Although  not,  perhaps,  strictly  a  part  of  their  duty,  they 
endeavored  to  get  the  materials  for  ascertaining  the  boun- 
daries of  the  several  counties  of  the  State;  and  for  this 
purpose,  they  addressed  a  letter  to  the  chairman  of  the 
County  Court,  the  county  solicitor,  and  clerk  of  the  county 
couit  of  every  county  in  the  State. 

A  copy  of  the  letter  is  herewith  reported. 

It  is  exceedingly  desirable  that  the  boundaries  of  our 
counties  should  be  accurately  ascertained.  The  reasons 
are  so  obvious,  that  they  need  not  be  mentioned  here. 

They  intended,  if  they  had  been  successful,  to  have  laid 
the  information  before  the  Legislature;  but  as  yet,  they 
have  received  replies  from  only  three  or  four  counties,  and 
they  have  no  reason  to  expect  further  information.  In 
doing  this,  they  have  incurred  a  small  printing  and  postage 
bill,  which  will  be  presented  during  the  session  for  pay- 
ment, if  it  may  please  the  Legislature  to  allow  it. 

Respectfully  submitted. 

ASA  BIGGS,      (  n 

B.  F.  MOORE,  \  Commissioners. 

November  10,  1852. 


193 


Raleigh,  December  12,  1S51. 
To  the  Chairman  of  the  County  Court,   County  Solicitor, 
and  Clerk  of  the  County  Court  of  County  : 

We  find  it  impracticable,  from  the  materials  accessible 
to  us,  to  ascertain  the  boundaries  of  the  counties.  We  de- 
sire to  attain  as  much  accuracy  as  possible,  and  now  ad- 
dress you,  with  the  hope  that  you  will  give  us  all  the  aid 
you  can  as  to  the  boundary  of  your  county  ;  and,  if  neces- 
sary, that  you  will  submit  the  matter  to  your  Court.  If 
the  boundary  is  well  ascertained,  please  inform  us  what 
part  of  it,  and  how  ascertained  ?  If  any  portion  is  not 
yet  ascertained  with  accuracy,  state  the  same  particularly. 
We  desire  you  to  furnish  us  the  boundary  of  your  county 
from  the  best  information  in  your  power,  as  early  as 
practicable,  and  at  farthest  during  the  next  Summer,  with 
any  suggestions  you  may  think  proper  to  make,  prepara- 
tory to  the  Report  we  expect  to  make  to  the  next  General 
Assembly.  As  it  is  important,  for  many  reasons,  that  the 
boundary  of  your  county  skould  be  settled  and  known,  if 
not  already  done,  we  suggest  the  propriety  of  having  the 
same  ascertained  under  the  direction  of  the  Court. 

Your  particular  attention  is  requested,  and  will  much 
oblige, 

Your  obedient  servants, 

R.  M.  SAUNDERS, 
B.  F.  MOORE, 
ASA  BIGGS, 
Commissioners  to  Revise  the  Statutes. 


UNIVERSITY  OF  N.C.  AT  CHAPEL  HILL 


00042071863 


FOR  USE  ONLY  IN 
THE  NORTH  CAROLINA  COLLECTION 


